BILL NUMBER: SB 911	CHAPTERED  07/23/99

	CHAPTER   163
	FILED WITH SECRETARY OF STATE   JULY 23, 1999
	APPROVED BY GOVERNOR   JULY 22, 1999
	PASSED THE SENATE   JULY 12, 1999
	PASSED THE ASSEMBLY   JULY 6, 1999
	AMENDED IN ASSEMBLY   JUNE 15, 1999
	AMENDED IN SENATE   APRIL 27, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Figueroa
   (Principal coauthor:  Assembly Member Oller)
   (Coauthors:  Senators Alarcon, Morrow, Peace, Perata, Rainey,
Schiff, Sher, and Solis)
   (Coauthors: Assembly Members Baugh, Cardoza, Davis, Havice,
Maddox, Romero, Torlakson, Washington, Wildman, and Zettel)

                        FEBRUARY 25, 1999

   An act to add Section 1714.21 to the Civil Code, and to add
Section 1797.196 to the Health and Safety Code, relating to emergency
care.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 911, Figueroa.  Emergency care:  automatic external
defibrillator:  acquisition and liability.
   Existing law provides immunity from civil liability to any person
who, in good faith and without compensation or the expectation of
compensation, renders emergency care at the scene of an emergency.
Existing law expressly provides immunity from civil liability to any
person who completes a designated cardiopulmonary resuscitation (CPR)
course and who, in good faith, renders emergency cardiopulmonary
resuscitation at the scene of an emergency, without the expectation
of receiving compensation for providing the emergency care.
   This bill would provide immunity from civil liability to (1) any
person who, in good faith and not for compensation renders emergency
care or treatment by the use of an automated external defibrillator
at the scene of an emergency, has completed a basic CPR and automated
external defibrillator (AED) use course that complies with
regulations adopted by the Emergency Medical Services (EMS) Authority
and the standards of the American Heart Association or the American
Red Cross for CPR and AED use, (2) a person or entity who provides
CPR and AED training to a person who renders emergency care pursuant
to (1), and (3) a physician who is involved with the placement of an
AED and any person or entity responsible for the site where an AED is
located if that physician, medical authority, person, or entity has
complied with certain requirements.  The bill would provide that its
protections shall not apply in the case of personal injury or
wrongful death that results from the gross negligence or willful or
wanton misconduct of the person who renders emergency care or
treatment by the use of an AED.
   Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, authorizes the
Emergency Services Authority to establish minimum standards for the
training and use of automatic external defibrillators by individuals
not otherwise licensed or certified for the use of the device.
   This bill would require any person who acquires an automatic
external defibrillator to comply with specified requirements in the
bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature that an automated
external defibrillator may be used for the purpose of saving the life
of another person in cardiac arrest when used in accordance with
Section 1714.21 of the Civil Code.
  SEC. 2.  Section 1714.21 is added to the Civil Code, to read:
   1714.21.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "AED" or "defibrillator" means an automated or automatic
external defibrillator.
   (2) "CPR" means cardiopulmonary resuscitation.
   (b) A person who has completed a basic CPR and AED use course that
complies with regulations adopted by the Emergency Medical Services
(EMS) Authority and the standards of the American Heart Association
or the American Red Cross for CPR and AED use, and who, in good faith
and not for compensation, renders emergency care or treatment by the
use of an AED at the scene of an emergency shall not be liable for
any civil damages resulting from any acts or omissions in rendering
the emergency care.
   (c) A person or entity who provides CPR and AED training to a
person who renders emergency care pursuant to subdivision (b) shall
not be liable for any civil damages resulting from any acts or
omissions of the person rendering the emergency care.
   (d) A physician who is involved with the placement of an AED and
any person or entity responsible for the site where an AED is located
shall not be liable for any civil damages resulting from any acts or
omissions of a person who renders emergency care pursuant to
subdivision (b) if that physician, person, or entity has complied
with all requirements of Section 1797.196 of the Health and Safety
Code that apply to that physician, person, or entity.
   (e) The protections specified in this section shall not apply in
the case of personal injury or wrongful death that results from the
gross negligence or willful or wanton misconduct of the person who
renders emergency care or treatment by the use of an AED.
   (f) Nothing in this section shall relieve a manufacturer,
designer, developer, distributor, installer, or supplier of an AED or
defibrillator of any liability under any applicable statute or rule
of law.
  SEC. 3.  Section 1797.196 is added to the Health and Safety Code,
to read:
   1797.196.  (a) For purposes of this section, "AED" or
"defibrillator" means an automated or automatic external
defibrillator.
   (b) In order to ensure public safety, any person who acquires an
AED shall do all of the following:
   (1) Comply with all regulations governing the training, use, and
placement of an AED.
   (2) Notify an agent of the local EMS agency of the existence,
location, and type of AED acquired.
   (3) Ensure all of the following:
   (A) That expected AED users complete a training course in
cardiopulmonary resuscitation and AED use that complies with
regulations adopted by the Emergency Medical Services (EMS) Authority
and the standards of the American Heart Association or the American
Red Cross.
   (B) That the defibrillator is maintained and regularly tested
according to the operation and maintenance guidelines set forth by
the manufacturer, the American Heart Association, and the American
Red Cross, and according to any applicable rules and regulations set
forth by the governmental authority under the federal Food and Drug
Administration and any other applicable state and federal authority.

   (C) That the AED is checked for readiness after each use and at
least once every 30 days if the AED has not been used in the
preceding 30 days.  Records of these periodic checks shall be
maintained.
   (D) That any person who renders emergency care or treatment on a
person in cardiac arrest by using an AED activates the emergency
medical services system as soon as possible, and reports any use of
the AED to the licensed physician and to the local EMS agency.
   (E) That there is involvement of a licensed physician in
developing a program to ensure compliance with regulations and
requirements for training, notification, and maintenance.
   (c) A violation of this provision shall not be subject to
penalties pursuant to Section 1798.206.
